o'reilly. please remember, always the spin stops right here. because we are always looking out for you. welcome to hannity tonight. americans are on the edge after the obama administration sounds the alarm issuing a worldwide terror threat closing posts in the u.s. and africa. let not your heart be troubled. you can count on your commander in chief to look out for the activity overseas, that is until saturday when the obama's plan to kick off their vacation in martha's vineyard. joe biden is hanging out in the hamptons with alec baldwin, rubbing shoulders with celebrities at a posh beach spa.

this should come as no surprise to anybody. if we've learned anything about this president over the last few years, he's proven to be a do as they say, not a do as i do kind of guy. >> when i took office, i pledged to cut the deficit in half by the end of my first term. this wasteful spending has many sources. it's time for this waste and inefficiency to end. this is how we can reduce spending, by scouring the budget, by reforming government spending in a time of great need, when our families and nation are finding it necessary to tighten our belts. and be more responsible with how we spend our money. we can't afford to waste taxpayer dollars. one of the commitments i made to the american people was that we would do a better job here in washington in rooting out

wasteful spending. with a recovery package of this size comes a responsibility to ensure every taxpayer that we're being careful with the money they worked so hard to earn. >> joining me with reaction, dana lash and christie setzer is with us. he sounds like scouring the budget to save all that money. it reminds me of o.j. looking for the real killers in the golf course. he's living a pretty extravagant lifestyle, isn't he? >> i don't think he is. i think he's living the same lifestyle as anyone else who's graced the office at the president. >> it sends a confusing message. >> conservatives seem to have a pretty confusing stand on this issue. he's been on vacation four

months out of every year. one third of the -- >> you can't count camp david. >> george bush was on vacation. whereas president obama takes two to three weeks per year, about the same as the rest of us. >> we have to set that record straight. >> the same as the rest of us. >> we have to set that record straight. christie, bless your heart. >> i would love for you -- >> george bush didn't go to hawaii, he didn't go to martha's vineyard. he didn't go to atlanta. >> christie, let her talk. >> he didn't go to all these places, you know where he went? he went to his ranch in texas. you know what he did on his ranch in texas? he chopped wood. he went to his own home. >> you got to let her talk, one at a time. our audience needs to hear. >> these democrats, sean. he went to his own ranch. christie, i realize that you're a conservative woman makes you feel uncomfortable.

you feel that you have to constantly interrupt me. it doesn't work. i'm going to continue with my point and you're going to listen. >> let her talk. >> george bush, let's act like a lady, okay. george bush went to his ranch in texas and he chopped wood and he cleared brush, and he was -- >> he was -- >> he was in constant contact with his administration, he was in constant contact with his cabinet. now, barack obama if you remember back, really, in 2009 he was, when we had that almost terrorist attack on a flight that was going from amsterdam to detroit, and a president was vacationing in hawaii and it took him days to make an announcement about that? >> hang on. one at a time. listen, please, christie, we have to go one at a time, our audience wants to hear from both of you. let me go to the president today in phoenix, we repeated phony

scandals, while we play this, think of four dead americans in benghazi, people that were targeted by the irs because of their political views, and ask you -- think of brian terry who lost his life. are these really phony scandals? here's the president again. >> unfortunately for the last year or so, we've had an endless parade of distractions and political posturing and phony scandals that shift focus away from what do we need to do to shore up middle class families and create ladders of opportunities for folks to get in the middle class. and as washington heads toward another budget debate, the stakes could not be higher. >> is that a phony scandal for those four people, five people, if you include brian terry? >> the majority of americans think it is, sean. the fact is, if you ask most people right now, the republicans will do anything to take down the president, even if it means hurting the economy or doing things that ultimately hurt them. that's a big problem for

republicans, and i think they understand what's happening here. >> dana? >> i'm so tired of hearing the phony scandal remark from the left. i find it insulting when you consider the nsa, the irs, benghazi. if it's a phony scandal, i wish that people like christie and the president would bring him out to sean smith so she doesn't have to go on television and publicly mourn him and ask the president what happened to letter lost son. we're talking about the irs, who admitted wrongdoing, we're talking to whistle blowers within the nsa, within the cia, i'm so tired of hearing this phrase. it's all deflexion, these are real scandals affecting real people and affecting the economy. >> let me go to the other issue that we have here. and that is -- it seems to me that al qaeda has america on the run right now. there are two issues that the president and vice president ran on. one was al qaeda is pretty much done, defeated.

listen. >> most of all, al qaeda's top lieutenants have been defeated. >> i said i'd go after bin laden if we had a clear shot at them, and i did. the goal that i set to defeat al qaeda and deny it a chance to rebuild is now within our reach. >> thanks to air force personnel who did their part. osama bin laden is no longer a threat to our country. we put al qaeda on the path to defeat. >> osama bin laden is dead and general motors is alive. >> al qaeda's on a path to defeat and osama bin laden's dead. al qaeda's on the path to defeat and osama bin laden is dead. >> we have eliminated osama bin laden. that was our purpose. >> they ran on that, and they ran on saving detroit. listen to this. >> when my opponents and others were arguing we should let detroit go bankrupt. we made a bet on american workers and the ingenuity of

american companies and our auto industry is back on top. >> we refused to throw in the towel and do nothing. we refused to let detroit go bankrupt. three years later, that bet is paying off in a big way. >> dana, detroit is bankrupt and al qaeda seems to have us on the run. your reaction? >> well, sean, i have friends who live in detroit, and they would say that detroit, for all of the promises that this administration made about that city, not a single one of them was delivered. where it concerns al qaeda, maybe joe biden literally meant decimated. only 10% of al qaeda was taken out. it's that other 90%, which has a shuttering 19 different embassies. instead of al qaeda running, it seems like we are. >> i would say that the entire thing that we're talking about here is that president obama had a strong record on national security. everyone knows it, that is what we're talking about right now. >> those points -- do you really

believe that detroit was safe? do you really believe that? >> you said he ran on turning around detroit. i think he ran on turning around the economy. >> i just ran the clip. >> did he mention detroit? >> of course he talked about detroit. >> i distinctly remember -- >> of course he has. >> we're going to leave it there. >> right. >> ladies. >> thanks, sean. >> today was the first day of the trial for major nadal hassan. remember workplace violence. the alleged foot hood shooting gunman. he put on a disgusting display in the courtroom tonight. we're going to head down to tex texas. we have a brutal beating on a florida school bus all caught on tape. we'll show you what happened and examine why nothing was done to stop this. you get to select tonight's video of the day. it appears a bear wanted a late night snack, it went to great lengths to get one.

hey, boo boo. you can also vote on twitter@seanhannity. it's a stationery and gifts store. anything we purchase for the paper cottage goes on our ink card. so you can manage your business expenses and access them online instantly with the game changing app from ink. we didn't get into business to spend time managing receipts, that's why we have ink. we like being in business because we like being creative, we like interacting with people. so you have time to focus on the things you love. infrom chase. so you can.

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the perfect place is on sale now. up to 40% off. only at hotels.com [ male announcer ] over the last 100 years, tennis has gotten a lot less dainty, rackets less splintery, courts more surfacey. technology made the game a whole lot faster and awesomer. it's kind olike how esurance used technology to build a car insurance company for the modern world. advantage, you. let's give it up for the modern world. [ crowd cheering ] [ male announcer ] or...that works. esurance. proud sponsor of the u.s. open. check out esurance on facebook. this is a fox news alert, it's been nearly four years since army psychiatrist went on a shooting rampage at ft. hood, today his trial began. now, hassan is charged with 13 counts of murder, 32 counts of attempted murder. now, he's decided to represent

himself, which means he will be able to cross examine the people he allegedly tried to kill. hassan released a statement to fox news last week, in which he renounced his military oath. he signed a statement with the acronym soa, which many believe means son of allah. fox's news channel's own casey steigel joins us from ft. hood texas. casey? >> yeah, sean, good evening to you. what a pretty interesting first day this was. hassan didn't have a lot to say out of the 12 witnesses that did testify. he only cross examined two of them. and neither were victims. and by contrast, the prosecutors gave a 45 minute opening argument. hassan's lasted a whopping two minutes or so. in that brief time he said some pretty powerful stuff. i'm quoting here, the evidence will clearly show that i am the shooter. the dead bodies will show that

war is an ugly thing. he added that we are imperfect muslims trying to establish the perfect religion in the land of the supreme god. and lastly, i apologize for any mistakes that i made in this endeavor, but it is important to point out that is not to be confused with an apology or an i'm sorry to the victims and their families. just his apology for failing to establish the muslim faith a little stronger here. a very interesting and as i said, a powerful representation from hassan today. sean? >> thank you very much. joining me now with more reaction, louis gomert. thank you for joining me. >> thank you. >> didn't the administration call this workplace violence? >> they think it's workplace violence. which also confuses what goes on in our embassies.

oh, gee, there's a threat. do you remember when bush was threatened with violence? he said, and he got a lot of criticism, bring it on? >> really? >> and this -- the reaction of this administration, that's workplace violence. we're threatened in our embassies, it's not to beef up securities. they have a nonverbal answer of shopping their rear end and elbows as they run the other direction. >> i think congressman gohmert has a good point. they're calling this war and our administration doesn't have the courage to admit what is obvious. how is that perceived among radical islamics. >> this should have never been called an incident of workplace violence. we call it what it is. this was an act of terror. this is just indicative of this administration really scrubbing the words terror out of the lexicon. the disappearing language of terror.

words that were used in the 9/11 commission report are not used in the pentagon, they're not used by the administration, this was an act of terror. this does a disserve to the brave men and women. >> the closing down of these embassies, does it make america look on defense, look weak? does it embolden the enemy? >> we look like cowards. from information, the documents we gathered when we would capture al qaeda activists in the middle east under the bush administration and questioning, we find out the recruiting tool is not as much abu ghraib or guantanamo as it was when we showed weakness. they talked about vietnam, tehran when we fled. all these incidents where we refused to fight. this is the kind of thing that causes recruiting of terrorists, when we don't show courage. i don't know the judge that's trying this case down in ft. hood. but i flipped back. i had one guy that was

particularly out of line. and i warned him three times and then we duct taped his head, and we didn't hear from him until it was his turn to talk. >> well, you just gave him three warnings. and then wrapped him up. >> why congressman duncan would we reveal the fact that we were able to get this intelligence? won't that shut down al zawahiri and others? >> it will. it shows them we're either able to listen to their conversation or look on the ground. they're going to shut them down. this administration revealed some of our techniques or at least where some of our sources may have been. and so it's going to make it extremely difficult going-forward for our administration and for the intelligence community to compile the information we need to stop or thwart the next terrorist attack. >> what's even more revealing. jeff's exactly right.

but we're faced with a big threat. what's our response? are we going to get tough and not let them get away with it? no, we turn tail and run. it's outrageous. >> it's embarrassing. you quoted us saying it makes us look like a bunch of cowards. let me shift topics for one second. >> that was accurate. >> i turned to agree with you, it seems like they ought to be on defense, afraid of what we're going to do, because we know where they are. we revealed that we can intercept their messages, it's crazy. >> let me ask you a question, the effort to defund obama care, which you are supporting in the house, how many members do you have with you? >> we're gaining. i'm not sure. we're still growing. >> you would be impressed by the leadership to not do it? >> i'm not, because it wouldn't do any good. >> the pressure is there. look, we can't stand to showdown and shut down.

we don't want to shut down, we want to fund the government. like we've all talked about. fund the government. but people are actually going to get hurt. they're not going to get the pacemakers, they're not going to get the help they need. we're doing this for america. for the guy that's making $14,000, that would ultimately have an extra two and a half percent tax. we're doing it for those people, and we need to stand up, but there is pressure. and i tell you what, this deal where all of a sudden the administration announces they're going to go ahead and let the government pay 72% of our health care come january. >> exempted themselves. >> well, there's nothing like self-interest to get people moving, they just took a lot of congressional self-interest. >> congressman duncan, you supporting the effort to defund? >> absolutely, don't bring us the art of the floor unless it defunds obama care. i would rather shut the

government down. i'm not advocating for that. i would rather shut the government down than continue shutting america down. that's exactly what obama care does. >> you fund the rest of the government? >> exactly. >> except for obama care. >> absolutely. how bad do you want to hurt america with your health care plan. >> thanks. >> thanks for tloegs in on the radio yesterday. >> you showed more courage than i'm seeing right now. rage over a. rod, it's now boiling over in new york, and beyond tonight. as the embattled third baseman has vowed to fight his suspension. when we return, former mlb stars will join us live from the mlb studi studios, for the latest tonight. he accused me of being controlled by fear and hate and called me a little chicken man. little chicken man himself is

gutless and doesn't have the guts to come on the program and defend his tweets as he hides behind his rock 'n' roll make-up. also, a bus beating is caught on tape. you can cast your vote, video of the day, option number two. freak mechanical error caused an unlucky bowler a perfect game. ouch! >> looking for perfection. 300. >> long ball. did you see that? the middle of this special moment and i need to run off to the bathroom. ♪ i'm fed up with always having to put my bladder's needs ahead of my daughter. ♪ so today, i'm finally talking to my doctor about overactive bladder symptoms. [ female announcer ] know that gotta go feeling? ask your doctor about prescription toviaz. one toviaz pill a day significantly reduces sudden urges and accidents, for 24 hours.

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alex rodrigez about to take his first at-bat of the season. why don't you listen to the reception. >> alex rodrigez. >> although alex rodrigez was eager to get back in his uniform, his debut began with the relentless booing from the crowd. while questions are being raised if he's more of a distraction than an asset. and baseball fans around the

country are outraged about his turn. the media is livid about his announcement that he's appealing his suspension. newspapers slammed him, calling him a dope and dammed yankee. what a bum. remember the mlb disciplined these other 12 players yesterday, but rodrigez is the only one appealing his suspension, which is far worse than the others. joining me are former major leaguers harold reynolds and billy ripken. welcome to the show. >> thank you. thanks for having us, appreciate it. >> i'll ask you both this question, harold, i'll start with you, he almost has to appeal this because he's 38 years old, 211 games, you wouldn't put on a uniform again

until 2015. >> you're right. you look at it from alex's perspective, at 38 he doesn't play ever again if you put him in this situation, where he just says, i'll take the 211 games. you can't sit out this season and next and think you have a chance to play. you look at it from that perspective, i understand why he appealed the whole thing. >> what do you think? >> i agree with that. if you look at a. rod's situation, he goes through this year and into next year, it will be a long time for a guy getting to his age, i don't think there's any doubt about that, i think he's hoping for this appeals process to run through this year, where he can play. even if the arbiter drops through next year, '14. he at least has a chance then. he hasn't played baseball in a long, long time. if he misses a year and a half or two full years of baseball, he has no chance. >> that's just the baseball part of it, you start looking at the

suspension, and why would major league baseball give him the others 50 games. it's all the things behind it. the obstruction of the game, all the things he's charged with. that's why a lot of people are outraged right now. once you read through what major league baseball has, then you get an understanding of why they gave him the games he got many. >> the rules are, first offense, 50 games, second offense, 100 games. this really has to do with the obstruction. paying off people to keep their mouths shut. >> i think when you look at this situation number one. ryan braun accepted a plea. and we saw what he went through when he got popped and then got off on a technicality. he was adamant that he was innocent. the others the other die, they took to 50.

they're all admitting guilt right here, it would be safe to assume that mlb might have a lot more on a. rod, because they were talking about lifetime ban number one, and then they dropped it down to the rest of this year, and then 2014. so i think they have some evidence and in a. rod's case, he absolutely has to appeal this. >> what do we know? what do they have. what took this beyond the 100 games, which would be the second offense. >> the first thing they put was the obstruction that we talked about already. the other thing was the possession. hgh and also with the steroids, so those are the things they have. and i think also they stated that it's been historic, it's been a history of multiyears. so when they start looking at it that way, that's how major league baseball saw it. to simplify it, and make it clearer for our viewers at home. alex rodrigez in his minds sitting there going, everyone else got 50 for the same offense. it's because of the consecutive years we've been able to prove. he's looking at it like i was

speeding 90 just like everybody else. why didn't i get the ticket for $200, you get the ticket for $2000 billy got one for 200. what's the difference? he's not looking at all the different facts along the way. >> he said in his presser yesterday, i'm fighting for my life, if i don't defend myself no, one will. does this end, do you think? performance enhancing drugs in baseball? are they still going to try to cheat? >> i think we're headed in the right direction. i think the cheaters will always try to do something. what i'm hopeful for is when you see all the players now in the current game that are speaking out through their different social media venues that they have. they're really saying, we need harsher penalties because we want this game cleaned up, what i'm hoping for, is that the union now goes to mlb. all the clubs sign off on it, and say, you know what, if you get popped using you're out for a year. if you get popped again, you're

out for life. your earning 3esh8 is done. yesterday was a sad day in one way. this is out in the forefront and i think the current players that are playing clean, really want this game cleaned up. >> all the players they have access to very strong anti-inflammatories, painkillers that they needed. their legitimate medical uses. i would argue at some point hgh speeds up healing, they may have to consider what these athletes in the short life spans they have in the sport, maybe they could use it for a period of time. >> i know under doctor's supervision, you can do that. it depends on who the individual is. they've gone to that extent. the problem here, what happens every time these guys leave the reservation, so to speak, and go out with their own doctors, when you get into your own doctors or trainers, it's when these guys have fallen into problems. one of the things baseball's going to have to do outside of

what billy just talked about is to be able to say, here's the doctors, here's the team trainers, here's who you have to talk with, work with on a consistent basis, when you go outside of that, that's when you get in trouble. >> i wasn't that offended that andy pettitte took hgh to heal faster, that didn't bother me. >> even though it was against the rules and he understood that too. at least it's a little more explainable and you can understand it, as you said, it didn't bother me when he came clean. some of these other guys, and i think some of this uproar out there in the game today, is the fact that they're still not telling the truth. it would be refreshing if a player came out and said, i took some juice in the offseason, went to spring training, and started launching balls. i took more juice, because i liked it, at least that's believable and you can understand it, it seems like there's excuse after excuse, or denial, and i can't buy all that. >> the bottom line is, baseball's trying to get an even playing field. just because anti-pettitte said

he took hgh once it worked for him. you can understand why he took it, you can also understand the guy going, i didn't take it, that's not fair. >> how do you compare hank aaron's home runs, babe ruth's home runs, to maybe bonds or some others. >> we don't. you're absolutely right. >> guys good to see you. appreciate you being with us. thanks so much. coming up next, the left wing rock star launched a hate laced tirade. call me a terrorist on twitter. little old me. he even called me a little chicken man. all right, i responded. coming up next, i'll tell you who he is, and what he said. we invited him to come on tonight's program, he didn't have the courage to join us. a brutal bus beating caught on tape, we're going to show you that coming up next. we always want to hair from you, log on to our special companion site, hannitylive.foxnews.com. option number three comes to us

courtesy of the number one rated king of late night who should never go away, jay leno. brian williams announced he's going to take medical leave to have knee surgery. i guess he wasn'ts to get it dn quickly before obama care kicks in. alert.

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and costs 77% less. it's called hp moonshot. and it's giving the internet the room it needs to grow. this&is gonna be big. hp moonshot. it's time to build a better enterprise. together. outrageous twitter tirade against yours truly. you probably don't know him, ryan adams began his rant, your entire soul is controlled by fear, and by hate. evolve a little chicken man. he was too chicken he replied in an e-mail. his statement is his tweet. is that what he really thinks? why the urge to quickly recall

the tweet, sir. and why don't you have the courage to come on the program and defend yourself. he called me a terrorist. i said that considering he called me a terrorist, that if we wanted to torture terrorists, we could play his music, which is not that popular anyway, and i would probably -- a 24 hour loop would drive them nuts. >> sean, you are really good at this, you like talking billion the issue. how dare we look up to people like a. rod and lance arm strong and musicians when -- right? you're looking at me like i'm crazy, but i'm looking at this twitter tirade -- liberal twitter tirade. this isn't about liberals, it's about entertainers and artists who have a right to speak their minds and share their opinions.

>> stop hiding like a gutless coward, say it to my face. >> i feel like he was tweeting, he's a nearly 40-year-old man, and it seems as though 40 is now the new 15. so i agree. the problem with having a twitter account and having this platform as a celebrity, can you say whatever you want without having any kind of accountability. the problem is, conservatives like to create websites and use twitter to bash people and what they said, that's how they make their money. by pointing out everything bad that everyone says or does. >> do you respond to people on twitter? >> i do respond all the time. i respond directly to people, just like he respobded directly to you. i think you're insulted you don't have a rock star on your program. >> i think he's a wimp. he's hiding hibd his rock star make-up. >> do you think he should be

a -- he and a. rod, and lance armstrong and all these people should be idols? >> well, i'll give you an example. i think anna marie is a role model for a lot of girls. >> i would think so, i didn't achieve my talent by insulting people. i have a sense of character and integrity, as everyone should. no matter if you're a celebrity, no matter if you're a politician or a beauty queen or whoever you may be. he has no sense of integrity. >> why not. >> because he's calls sean out on twitter? >> that's not a man. >> it's not a big deal, sean. >> most people don't even know who he is, so forget it. >> you're making him famous. >> we have this video, these kids beating up on another kid on a school bus. let's roll tape. this is a brutal, brutal beating. >> now it turns out that some people are mad at the bus driver, et cetera, but in light of everything that happened with

the trayvon martin case, the kid is white. this is a brutal beating. should some of those who were so outspoken in the trayvon martin case, why haven't we heard anything about them from this. >> maybe they didn't know about it, it's just now coming out. well, this had nothing -- >> your friend jesse jackson. >> i have a question, why is everybody -- why do you only go to jesse jackson and al sharpton, whenever you want to make it a racial issue. this is a bigger issue. how about the kid that was beaten to death in chicago, and there's this snitch type of behavior, and thinking in the innercity that -- >> no, but -- >> anna marie it seems like this selective moral outrage, that it's not across the board. this would be an opportunity to show that they want to end all racial divide. >> i agree, and it bothers me that this video is just now being released.

why isn't this a racial issue. >> this is whether the school was going to release the video, because there are minors involved. >> regardless, it's a crime. >> it seems as though with the whole trayvon martin talk lately, it seems to be a bit of a racial. it bothers me. >> you have a platform to talk to millions of people, and to say seems like a racial issue without having the proper knowledge. >> this is evidence -- >> we have to go. >> i'm a lawyer, this is evidence -- >> the first time and i graduated law school early. >> i'm proud of you. >> i graduated with honors. >> coming up next. you don't want to miss this report, louisiana where a man is battling the federal government over a frock. you heard me right, a frog that nobody has seen in the state for 50 years, and the government's harassing this man about a frog. a special hannity investigation into big government gone wild

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imagine waking up one day, you find out the government has declared your private property

to be a critical habitat for an endangered frog. to make matters worse, the frog has not been seen in your home state for 50 years. this is not a joke. it happened to one man in louisiana, we went down to the bayou state for a special hannity investigation. listen carefully in these louisiana woods and you'll hear wind and rain and an occasional bird. there's one thing you will not hear. the croaking of the dusky gopher frog. >> it's a species that inhabited the gulf coast from the mobile basin over into louisiana historically. over the years through the habitat destruction and disease its population has been reduced significantly. >> in 2001 the u.s. fish and wildlife service declared it an endangered species.

>> at that point the center for biological diversity sued. and said, you have got to designate critical habitat, the frog is losing habitat too quickly. >> and so they did, 6,500 acres are designated including these 1500 acres in louisiana. but there are a few problems. the frogs has not been spotted anywhere in the entire state for nearly 50 years. >> population is less than 100 individuals is what they're estimating. and it is very picky about where it breeds. >> all 100 of those frogs are here, in mississippi. >> it was only one breeding pond known to exist, which was in harrison county, mississippi, and it had not been seen in louisiana since 1967. people kind of laughed, that frog is way over in mississippi, they've seen him, how did he

swim across three rivers, cross three interstates and end up over here. >> the designated land in louisiana is privately owned and has been in one family for generations. >> it's land that my family has owned for well over 100 jeers, it's an actively managed tree farm. my great grandfather started a lumber company after the civil war. he built a lumber railroad in these areas in order to bring the timber down. we are standing right now in the middle of an area of about 1500 acres the fish and wildlife service has certified is a critical habitat for frogs that have not been here for many, many years, the frogs need certain elements to live. one of them is a pond. the fish and wildlife service says this is one of these ponds. now it renders his land

worthless to potential developers, which could cost him $30 million. he's suing to get the designation removed. reed hopper is the attorney representing him. >> so how did the agency ever determine this was required for the preservation of the species? and on top of that, the frog doesn't exist here. >> yes. >> can't exist here. >> the government argues the designation does not necessarily restrict further development and would only affect activities that involve a federal permit or a license. >> nothing could be further from the truth, that's a big lie, the fact of the matter is, when an area is designated as critical habitat. the federal government obtains a veto power over the land use. the only reason to designate an area as critical habitat is to preserve it, which means to stop its use as -- for development or any other economic activity.

>> if they needed a permit for something, they would be denied that permit. so what really raises a red flag, or for the other landowners in this area, if this is the situation for a frog, what is next? >> they referred us to a youtube video that they have made on the topic. >> the designation does not stop future development or land use. we cannot require the landowner to take any steps. >> returning the speak, to louisiana would be purely voluntary. it doesn't look like that's going to happen. >> it's true the agency cannot compel the landowner to manage the site for conservation of the species. but that doesn't really make it voluntary. the landowner in this particular case has made it clear their intention is not to turn this

into a wildlife preserve that has been imposed on them. >> we're not taking the disappointment. we're looking forward to directing his concerns together. we have designated a critical habitat. this is where he started. and it's essential. >> this area can't be used, it isn't used and probably never will be used as habitat for the frog. >> it will not be. we do not intend to use it for a wildlife refuge. we intend to use it for the benefits of the citizens of tammany and the state of louisiana. >> as a lawsuit wibds its way through the federal courts, the dusky gopher frog will not be hopping its way through louisiana. coming up next, we'll play for you in its entirety the video have you selected as tonight's video of the day. that's straight ahead. this day calls you.

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welcome back. time to review what you the viewers have chosen. you selected the clip of the disappearing dumpster, the heist was all caught on tape when the owner of a colorado springs restaurant set up surveillance cameras to try to capture the illegal activity. the culprit was not your usual vandal. the crime went down when one hungry bear called hey boo boo took dumpster diving to a new level. he decided to take the entire reaccept tackle. it's the second night in a row he made off with the goods. wonder if he showed it with yogi. that's all for tonight. let not your heart be troubled.

greta van susteren is next on the record. tonight is something funny? then why is president obama hitting the late night comedy circuit? >> we're excited, barack obama's going to be on the tonight show tomorrow night. >> tomorrow night marks the sixth time the president has been on late night talk shows. >> we have a record 28.2 million part time workers in america. that number has never ever been higher. >> what we need is a leadership from this president on the part of the white house, to come to the table finally and say, we're going to fix the underlying problem that's driving our deficit. we all want to repeal and replace obama care. >> there are americans in yemen now being told to get out. an active evacuation is said to be underway. >> this is the worst threat the country has